Article III — TENANT ANTI-HARASSMENT PROTECTIONS

SEC. 27-40. TENANT HARASSMENT PROHIBITED.

No person renting out residential real property, including the owner of such real property or the owner's agent, property manager or representative, or master tenant renting to a subtenant shall, with respect to property used as a residential rental unit under any rental agreement or other tenancy or estate at will, however created, engage in harassment of any tenant of a residential rental housing unit.

(Ord. No. 3057)

SEC. 27-41. DEFINITIONS.

For the purposes of this article, the following definitions shall apply:

(A) HOUSING SERVICE - Housing services include, but are not limited to, hot and cold water, heat, electricity, gas, refrigeration, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, refuse removal, furnishings, telephone, parking, effective waterproofing and weather protection, painting, and any other benefit privilege or facility that has been provided by the landlord to the tenant with use or occupancy of any rental housing unit. Services to a rental housing unit shall include a proportionate part of services provided to common facilities of the building in which the rental housing unit is contained.

(B) OWNER - An owner, lessor, sublessor, or any other person entitled to receive rent for the use and occupancy of any rental housing unit, or an agent, representative or successor of any of the foregoing.

(C) RENTAL HOUSING AGREEMENT - An agreement, oral or written or implied, between a landlord and tenant for use or occupancy of residential real property.

(D) TENANT - A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental housing agreement to the use or occupancy of any rental housing unit.

(Ord. No. 3057)

SEC. 27-42. PROHIBITION OF TENANT HARASSMENT.

(A) Forms of harassment prohibited include, but are not limited to, the following conduct done with an intent to vex, annoy, injure, or intimidate a tenant:

(1) A reduction or elimination of housing services as the term "housing service" is defined in this article.

(2) A reduction of maintenance or failure to perform and timely complete necessary repairs or maintenance as set forth by contract or by State, county or local

housing, health or safety laws.

(3) Abusing the right of access into a rental housing unit as established and limited by Cal. Civil Code, Section 1954. This includes:

(a) Entries for pretextual inspections that are not related to necessary repairs or services;

(b) Entries or notices to enter that are excessive in number in violation of Cal. Civil Code, Section 1954;

(c) Entries that improperly target certain tenants or are used to collect evidence against the tenant for the purpose of finding a reason to terminate the tenant's

tenancy;

(d) Entries that interfere with a tenant's right to privacy, including, but not limited to, entering or photographing portions of a rental housing unit that are beyond

the scope of a lawful entry or inspection; or

(e) Entries outside of normal business hours, which are defined as 7:00 a.m. to 7:00 p.m., Monday through Friday, Saturdays 8:00 a.m. to 12:00 p.m., except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry;

(f) Entries beyond the scope of an otherwise lawful entry.

(4) Engaging in abusive conduct toward a tenant through the use of words which are offensive and inherently likely to provoke an immediate violent reaction.

(5) Enticing a tenant to vacate a rental housing unit through an intentional misrepresentation(s) or the concealment of a material fact.

(6) Threatening a tenant, by word or gesture, with physical harm.

(7) Misrepresenting to a tenant that the tenant is required to vacate a rental housing unit.

(8) Failing to exercise due diligence in performing and completing repairs to a rental housing unit after obtaining possession of the unit for the purpose of performing

the repairs.

(9) Engaging in an activity prohibited by federal, state or local law which prohibits housing discrimination on any basis including but not limited to sexual orientation,

race, color, sex, ancestry, ethnic origin, national origin, religion, age, marital status, familial status, parenthood, pregnancy, disability, medical condition, occupancy by a minor child, or citizenship.

(10) Threatening to terminate a tenancy, recover possession of a rental unit, or evict a tenant from a rental unit without a proper factual and legal basis. This

subsection shall not apply to communications and conduct that are made in connection with actual pending litigation or litigation preparation, including any communications and conduct subject to Cal. Civil Code, Section 47 in conjunction with the "good faith" requirements stated in Action Apartment Assn., Inc. v. City of Santa Monica (2007) 41 Cal. 4th 1232.

(11) Engaging in any act or omission which interferes with the tenant's right to use and enjoy the rental unit.

(12) Refusing to acknowledge or accept receipt of lawful rent payments as set forth in the lease agreement or as established by the usual practice of the parties.

(13) Engaging in any act or omission constituting a disturbance of a tenant's possession of rental premises, whereby the premises are rendered unfit for occupancy,

or the tenant is deprived of the beneficial enjoyment of the premises.

(14) Engaging in construction or renovations at a property that creates conditions designed to encourage any tenant to vacate their rental unit.

(15) Prohibiting entry by the tenant into a tenant's unit absent a judicial order permitting repossession by the landlord.

(16) Inquiring as to the immigration or citizenship status of a tenant, prospective additional tenant, occupant, or prospective additional occupant of a rental unit, or requiring any of these people to make any statement, representation, or certification concerning their immigration or citizenship status, or disclosing or threatening to disclose to any person or entity information regarding the immigration or citizenship status of any of the foregoing individuals.

(17) Interfering with a tenant's right to privacy, including, but not limited to, using cameras to view the interior of a tenant's rental unit, requesting information

regarding residency or citizenship status, or requesting a social security number, except as authorized by law.

(18) Retaliating, threatening, or interfering with tenant organizing activities, including forming or participating in tenant associations or unions, or for engaging in

other political activities.

(19) Retaliating against or threatening a tenant for inquiring with, or seeking assistance from, a government or social services agency.

(B) The conduct described in subsection (A) of this section shall not include conduct intended to communicate ideas or beliefs to the public at large which has only an incidental effect upon a person or persons.

(Ord. No. 3057)

SEC. 27-43. PENALTIES.

(A) Criminal prosecution. Violation of this article is a misdemeanor and may be prosecuted as such by the city. Upon conviction, any violator shall be punished by a fine of not greater than $1,000 or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

(B) Civil action for damages. Any person, including the city, may enforce the provisions of this article by means of a civil action. Any person or entity violating any of the provisions of this article is liable for each and every such offense for actual damages suffered by the aggrieved party, or for statutory damages in the sum of $10,000, whichever is greater, and for punitive damages, and shall be liable for attorneys' fees and costs. Any person or entity violating any of the provisions of this section is liable for additional statutory damages in the sum of $5,000 for each and every such offense if the aggrieved party is a senior citizen or disabled tenant when any of the harassing conduct occurred.

(C) Injunctive relief. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice which violates this article may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this subsection may be brought by an aggrieved person, by the city attorney, or by any

person or entity who will fairly and adequately represent the interest harmed tenant or tenants.

(D) Remedies not exclusive. The remedies provided in this article are not exclusive, and nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law.

(Ord. No. 3057)

PARALLEL REFERENCES

References to California Codes

References to 1964 Code of Ordinances

References to Ordinances

REFERENCES TO CALIFORNIA CODES

BUSINESS AND PROFESSIONS CODE

Cal. Code Cite Code Section

Cal. Code Cite Code Section

Division 2 11-237 Division 3, Chapter 9 (commencing with 7000) 6-2 Division 3, Chapter 11.4 and 11.5 11-170, 11-185, 11-485 Division 9 (commencing with 23000) 7-125 4030 7-374 4036 7-374 4037 7-374 4601 11-233 4601, subdivision (b), paragraph (1) 11-232 4612, subdivision (b), paragraph (1) 11-234, 11-237, 11-238, 11-239, 11-242, 11-244, 11-245, 11-246 5200 et seq. 16-609 5403(g) 16-609 5641 et seq. 22-245 7574.1 7-260 7582.1(a) 7-260 7582.11 11-72 8762 15-11 8771 15-136, 15-151 Ch. 10.5, Division 2 (commencing with 4600) 11-237, 11-246 11210 et seq. 16-662, 17-53 16001 11-9 16001.5 11-9 17200 8-61.3 23396.5 7-125 25620 7-125 26001(f) 16-10 26050 et seq. 11-413 26057(b)(4) 11-455 26090(e) 11-452 26100 11-482 26210 11-454

CIVIL CODE

Cal. Code Cite Code Section

Cal. Code Cite Code Section

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