Santa Barbara Municipal Code Ch. 26.30 Housing Discrimination

The City Council finds and declares that:

A. Arbitrary discrimination in rental housing exists in the city.

B. The existence of such discrimination poses a substantial threat to the public health and welfare of a large segment of the community.

C. Such discrimination cuts across all racial, ethnic, and economic lines, but falls most heavily on minority and single-parent families with children.

D. It is consistent with the Housing Element of the General Plan to promote and ensure open and free choice of housing without discrimination.

E. Because housing is a fundamental necessity of life, it is against the public policy of the city to discriminate in rental housing on any arbitrary basis.

(Ord. 4268, 1984; Ord. 4446, 1987)

For the purposes of this chapter, certain terms are defined as follows:

Bedroom.

As defined in Chapter 28.04 of this code.

Infant.

A child less than one year of age.

Landlord.

An owner, lessor, or sublessor (including any person, firm, corporation, partnership, association, trust, estate or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the authorized agent, representative or successor of any of the foregoing.

Minor Child.

A natural person under the age of 16 years.

Person.

An individual, firm, partnership, joint venture, association, corporation, estate or trust.

Rental Unit.

A dwelling unit, as defined in Chapter 28.04 of this code, rented or offered for rent for living or dwelling purposes, the land and buildings appurtenant thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. This term shall include a dwelling unit in a condominium or similar project.

Senior Adult.

A person 62 years of age or older.

Source of Income.

For purposes of this part, "source of income" is as defined under FEHA.

Unruh Act.

The Unruh Civil Rights Act, California Civil Code Sections 51 et seq., as construed by the California Supreme Court and Courts of Appeal.

FEHA.

The California Fair Employment and Housing Act, California Government Code Section 12900-12996, as construed by the California Supreme Court and Courts of Appeal.

(Ord. 4268, 1984; Ord. 4446, 1987; Ord. 5459, 2008; Ord. 5798, 2017; Ord. 5872, 2019)

It is unlawful for a person to do or attempt to do any of the following acts, where the act constitutes harassment or discrimination on a basis prohibited by the Unruh Act or FEHA, including harassment or discrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy and childbirth, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status (as those terms are defined by the California Fair Employment and Housing Act — Government Code Section 12900-12996), or political affiliation (as defined by California Labor Code Section 1102):

A. Refuse to rent or lease a rental unit, refuse to negotiate for the rental or lease of a rental unit, or otherwise deny to or withhold from any person or persons a rental unit.

B. Discriminate against any person in the terms, conditions, or privileges of the rental or lease of a rental unit, or in the provision of services, facilities or benefits in connection therewith. However, nothing in this chapter shall preclude any person from imposing reasonable restrictions on the use of common areas, facilities, and services which are necessary to protect the health and safety of a tenant.

C. Represent to any person that a rental unit is not available for inspection, rental, or lease when such is, in fact, available.

D. Make, print, or publish, or cause to be made, printed, or published any notice, statement, sign, advertisement, application, or contract with regard to a rental unit offered by that person that indicates any preference, limitation, or discrimination.

E. Include in any rental agreement or lease for a rental unit, a clause or condition providing that as a condition of continued tenancy, the tenants shall remain childless or shall not bear children or otherwise not maintain a household with a person of a certain age.

F. Refuse to rent after making a bona fide offer, or to refuse to negotiate for the rental of, or otherwise make unavailable or deny, rental unit to any person.

G. Discriminate by means of arbitrary occupancy standards. This subsection shall not prohibit enforcement of an occupancy standard in compliance with Section 26.30.035 of this Code.

H. Charge additional rent for persons living in a rental unit.

I. Discriminate by means of arbitrary income restrictions. There is a rebuttable presumption of discrimination where a landlord refuses to rent to a person who can demonstrate by prior rental history or by other means that he or she is able to pay the required rent.

(Ord. 4268, 1984; Ord. 4446, 1987; Ord. 5872, 2019)

It is unlawful for a person to enforce an occupancy limit unless it satisfies all of the following criteria:

A. It is uniformly imposed on all comparably-sized rental units on the premises.

B. It is conspicuously posted on the premises or contained in a written policy, rule or notice which is given to each tenant and prospective tenant.

C. Minor children are not counted in enforcing the occupancy standard, except that:

1. No provision of this chapter shall be construed to require a landlord to accept occupancy of a rental unit by more than two persons (including minor children) per bedroom; and

2. No provision of this chapter shall be construed to authorize occupancies in violation of the floor-area standards of Section 503(b) of the Uniform Housing Code.

D. It does not apply to infants.

(Ord. 4446, 1987)

Nothing contained in this chapter shall apply to or be construed to apply to or affect:

A. Senior facilities.

1. A housing project or development where the landlord has publicly established and implemented a policy of renting exclusively to senior adults and their spouses. Deviance from or abandonment of that policy shall automatically terminate this exemption and subject the owner to all the provisions of this chapter.

2. A state-licensed residential care facility for the elderly.

B. Nursing homes. A state licensed nursing home, convalescent home, or community care facility.

C. Owner-occupied unit. A rental unit occupied by the owner.

D. Subleases. A rental unit occupied by a tenant who subleases any portion of that accommodation to another tenant.

E. Government housing. A rental unit owned, operated or managed by a governmental agency.

(Ord. 4268, 1984; Ord. 4446, 1987)

A. Criminal. A violation of this chapter shall constitute an infraction.

B. Civil. Any person who violates the provisions of this chapter shall be liable: (1) to each party injured by such violation for actual damages sustained by such person, costs and reasonable attorneys' fees; and (2) for civil penalties pursuant to Section 1.28.050 of this code. In addition, the court may award punitive damages.

C. Injunctive relief.

1. Any person who commits, or proposes to commit, an action in violation of this chapter may be enjoined therefrom by any court of competent jurisdiction.

2. Any action for injunctive relief under this chapter may be brought by the City Attorney, by an aggrieved person, by other law enforcement agencies, by the District Attorney or by any person or entity which will fairly and adequately represent the interests of the protected class.

(Ord. 4268, 1984; Ord. 4446, 1987)