Richmond Municipal Code Ch. 11.103 Tenant Anti-Harassment

This Ordinance shall be known as the "Tenant Anti-Harassment Ordinance."

(Ord. No. 11-21 N.S., § I, 7-22-2021)

The Tenant Anti-Harassment Ordinance provided in this chapter augments existing protections provided to residential tenants under federal, state, and local laws to prohibit and deter tenant harassment by landlords in all residential rental units, including single-family residences and condominiums.

(Ord. No. 11-21 N.S., § I, 7-22-2021)

The Tenant Anti-Harassment Ordinance shall apply to all rental units within the City of Richmond where there is a rental agreement between a landlord and one or more tenants, unless exempted herein. The application of this ordinance includes rental units that may not be covered by the Richmond Fair Rent, Just Cause for Eviction and Homeowner Protection Ordinance.

(Ord. No. 11-21 N.S., § I, 7-22-2021)

(a) "Housing services" has the same definition as "housing services" in the Richmond Fair Rent, Just Cause for Eviction and Homeowner Ordinance, as amended (Richmond Municipal Code Chapter 11.100).

(b) "Landlord" has the same definition as "landlord" in the Richmond Fair Rent, Just Cause for Eviction and Homeowner Ordinance, as amended (Richmond Municipal Code Chapter 11.100).

(c) "Rent" has the same definition as "rent" in the Richmond Fair Rent, Just Cause for Eviction and Homeowner Ordinance, as amended (Richmond Municipal Code Chapter 11.100).

(d) "Rental agreement" has the same definition as "rental housing agreement" in the Richmond Fair Rent, Just Cause for Eviction and Homeowner Ordinance, as amended (Richmond Municipal Code Chapter 11.100).

(e) "Rental unit" has the same definition as "rental unit" in the Richmond Fair Rent, Just Cause for Eviction and Homeowner Ordinance, as amended (Richmond Municipal Code Chapter 11.100).

(f) "Tenant" has the same definition as "tenant" in the Richmond Fair Rent, Just Cause for Eviction and Homeowner Ordinance, as amended (Richmond Municipal Code Chapter 11.100).

(Ord. No. 11-21 N.S., § I, 7-22-2021)

(a) Rental units in any hospital, skilled nursing facility or health facility.

(b) Rental units in a nonprofit facility that has the primary purpose of providing short-term treatment, assistance, or therapy for alcohol, drug, or other substance abuse and the housing is provided incident to the recovery program, and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception and is licensed for such purpose where such license is required.

(c) Rental units in a nonprofit facility that provides a structured living environment with the primary purpose of helping homeless persons obtain skills necessary for independent living in permanent housing and where the occupancy is restricted to a limited and specific period of time of not more than 24 months, and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception and is licensed for such purpose where such license is required.

(d) Rental units exempted from Part 4, Title 4, Chapter 2 of the California Civil Code by section 1940(b)(transient occupancy in hotels/motels), or successor statute, unless either the landlord offers for rent or rents the rental unit for a period of 30 days or more, or the landlord violates California Civil Code section 1940.1, or successor statute, to avoid tenancy status.

(Ord. No. 11-21 N.S., § I, 7-22-2021)

No landlord, and no agent or employee of the landlord, shall do any of the following in bad faith:

(a) Interrupt, terminate, or fail to provide housing services or threaten to interrupt, terminate or fail to provide housing services required by a rental agreement or by state, county or local housing health or safety laws. This includes the following:

(1) Curtailing any utility services by any means whatsoever including, but not limited to, the cutting or removal of wires, removal of fuses, switching of breakers, and non-payment of bills for utilities that are part of the housing services. Utility services includes, but is not limited to, water, heat, electricity, gas, telephone, cable, internet, garbage and recycling collection, and sewage.

(2) Impeding reasonable access to the rental unit.

(3) Removing, without replacement within a reasonable time period, when building permits are obtained, if required, doors or windows of the rental unit.

(b) Fail to perform repairs or threaten to fail to perform repairs or maintenance required by a rental agreement or by state, county or local housing, health or safety laws.

(c) Fail to exercise due diligence in completing repairs or maintenance once undertaken or fail to follow appropriate industry repair containment or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts.

(d) Abuse the right of access into a rental unit as established and limited by California Civil Code section 1954 or successor statute, including entering or photographing portions of the rental unit that are beyond the scope of a lawful entry or inspection.

(e) Remove from the rental unit personal property, furnishings, or other items that belong to the tenant or that are part of the housing services without the prior written consent of the tenant, except when done pursuant to the procedures set forth in Civil Code section 1980 et seq., or successor statute.

(f) Influence or attempt to influence a tenant to vacate a rental unit through fraud, intimidation, or coercion. This includes threatening to report a tenant or other person known to the landlord to be associated with the tenant to any local, state, or federal agency based on their perceived or actual immigration status. The prohibition shall not be construed as preventing communication with such agencies regarding an alleged immigration violation as permitted by law. This provision shall also not be construed to conflict with Civil Code section 1940.2(a)(5) or successor statute.

(g) Offer payments to a tenant to vacate more than once in six months, after the tenant has notified the landlord in writing the tenant does not desire to receive further offers of payments to vacate.

(h) Attempt to coerce a tenant to vacate with offer(s) of payments to vacate that are accompanied with threats or intimidation.

(i) Threaten the tenant, or their guests, by word or gesture, with physical harm.

(j) Interfere with a tenant's right to quiet use and enjoyment of a rental unit as that right is defined by California law.

(k) Violate a law that prohibits discrimination based on actual or perceived race, gender, sexual preference, sexual orientation, ethnic background, nationality, place of birth, immigration or citizenship status, religion, age, parenthood, marriage, pregnancy, disability, AIDS or occupancy by a minor child.

(l) Refuse to accept or acknowledge receipt of a tenant's lawful rent payment.

(m) Refuse to cash a rent check or money order for more than 30 days.

(n) Interfere with a tenant's right to privacy or request information that violates a tenant's right to privacy, including, but not limited to, residency or citizenship status or social security number, except as authorized by law.

(o) Misrepresent to a tenant that they are required to vacate a rental unit or otherwise entice a tenant to vacate a rental unit through misrepresentations or concealment of material facts.

(p) Force a tenant to vacate their rental unit and reregister to avoid classification as a tenant under Civil Code section 1940.1. Forced vacation can be implied from the totality of the circumstances.

(q) Unilaterally impose or require an existing tenant to agree to material new terms of tenancy or to a new rental housing agreement, unless: (1) the change in the terms of tenancy is authorized by the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance (RMC 11.100 et seq.), California Civil Code sections 1946.2(f), 1947.5, or 1947.12, or successor statutes, or is required by federal, state, or local law or regulatory agreement with a government agency, or (2) 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 terms as part of the rental agreement. Notwithstanding (1) and (2) of this section, where a rental unit is regulated by the rent control provisions of the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance (RMC 11.100 et seq.), all change in terms of tenancy must comply with the provisions of Richmond Municipal Code section 11.100 et seq., and accompanying rent board regulations.

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

(Ord. No. 11-21 N.S., § I, 7-22-2021)

Retaliation against a tenant because of the tenant's exercise of rights under this chapter is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this chapter in evaluating a claim of retaliation.

(Ord. No. 11-21 N.S., § I, 7-22-2021)

(a) Landlords are required to provide a written notice via a form prescribed by the city regarding the provisions of Section 11.103.060 to all tenants using the form prescribed by the city, at the beginning of the tenancy and with any notice of termination of tenancy.

(b) If a rental unit is already occupied, a landlord shall provide a written notice regarding the provisions of Section 11.103.060 to all existing tenants in the form prescribed by the city, within 30 days of the effectiveness of this chapter.

(c) If rental units subject to this chapter are in a building with an interior common area to which all the building's tenants have access, the landlord must post a written notice regarding the provisions of Section 11.103.060 in at least one such common area in the building via a form prescribed by the city.

(Ord. No. 11-21 N.S., § I, 7-22-2021)

The following amenities, supplied in connection with use or occupancy of a rental unit, may not be severed from a tenancy without good cause: garage facilities, parking facilities, driveways, storage spaces, laundry rooms, decks, patios, backyards, gardens on the same lot, kitchen facilities, toilet facilities, or lobbies in residential hotels. For purposes of this section, good cause shall include:

(1) Required by federal, state, or local law;

(2) For rental units that do not fall under the rent control provisions of Richmond Municipal Code Section 11.100 et seq., acceptance of the severance in writing by the tenant after receipt of written notice from the landlord that the tenant need not accept the severance;

(3) For rental units that fall under the rent control provisions of Richmond Municipal Code Section 11.100 et seq., Richmond Rent Board or Hearing Examiner approval of the removal of amenities in a manner consistent with Richmond Rent Board Regulations; or

(4) Severance results from the removal of a balcony for which repair or removal was necessary for safety and the landlord has obtained all necessary permits for the removal.

A severance does not include noticed temporary unavailability of the above housing services to perform necessary work with all required permits.

(Ord. No. 11-21 N.S., § I, 7-22-2021)

It is against public policy, void and unenforceable to waive or modify any provision of this chapter in an oral or written rental housing agreement.

(Ord. No. 11-21 N.S., § I, 7-22-2021)

(a) Civil. Any aggrieved person, or the city, may enforce the provisions of this chapter by means of a civil action. The burden of proof in such cases shall be preponderance of the evidence.

(b) Injunction/Equitable Relief. Any person who commits an act or engages in any pattern and practice that violates Section 11.103.060 may be enjoined therefrom by a court of competent jurisdiction. A court may issue other equitable relief as appropriate. 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 or adequately represent the interests of the protected class.

(c) Penalties and Other Monetary Awards. Any person who violates, or aids or incites another person to violate, the provisions of this chapter is liable in a court action for each and every such offense for money damages of not less than three times actual damages suffered by an aggrieved tenant (including damages for mental or emotional distress), or for the minimum damages in the sum of $1,000.00, whichever is greater, or whatever other relief the court deems appropriate, and shall be liable for such attorneys' fees and costs as may be determined by the court. 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 landlord acted in knowing violation of or reckless disregard of this chapter. A prevailing defendant in a civil action under this section shall be entitled to an award of attorneys' fees only if it is determined by the court that the action was devoid of merit and brought in bad faith. Moreover, any person who violates, or aids or incites another person to violate, this chapter shall be liable for an additional civil penalty of up to $5,000.00 for each offense committed against a person who is disabled within the meaning of California Government Code section 12926, et seq., or successor statute, or aged 65 or over. The court may also award punitive damages to any plaintiff, including the city, in a proper case as defined by Civil Code section 3294 or successor statute.

(d) Nonexclusive Remedies and Penalties. The remedies provided in this section are not exclusive and are not intended to be exclusive of each other or to any other existing legal remedies.

(Ord. No. 11-21 N.S., § I, 7-22-2021)