Santa Clara County Municipal Code Ch. VI Age Discrimination in Housing

Footnotes:

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Editor's note— Chapter VI formerly consisted of §§ B13-85—B13-90; but with the expansion of Ch. V to include § B13-93, the editor, in agreement with the County, has renumbered the substantive provisions of Ch. VI as §§ B13-94—B13-99.

(a) Housing accommodation is a residential housing unit consisting of one or more rooms with facilities for living, sleeping, cooking, eating, and sanitation.

(b) Senior adults are all persons who have attained the age of 60 or more years.

(c) Minor child is a person who has not attained the age of 18 or more years.

(Ord. No. NS-631, § 1, 8-14-79)

It shall be unlawful for the owner, lessor, lessee, sublessee, real estate broker, assignee, or other person having the right of ownership, the right of possession, or the right to rent or lease any housing accommodations, or any agent or employee of such person to:

(a) Refuse to rent or lease, or otherwise deny to or withhold from any person such housing accommodations on the basis of age, parenthood, pregnancy, or presence of a minor child.

(b) Represent to any person on the basis of age, parenthood, pregnancy, or presence of a minor child that housing accommodations are not available for inspection or rental when such dwelling is in fact so available.

(c) Make, print, or publish, or cause to be made, printed or published any notice, statement or advertisement with respect to the rental of housing accommodations that indicates any preference, limitation, or discrimination based on age, parenthood, pregnancy, or presence of a minor child.

(d) Discriminate against any person in the terms, conditions or privileges of the rental of housing accommodations or in the provision of services or facilities in connection therewith, because of age, parenthood, pregnancy, or presence of a minor child.

(e) Refuse to rent after the making of a bona fide offer, or to refuse to negotiate for the rental of, or otherwise make unavailable or deny, housing accommodations to any person because of age, parenthood, pregnancy, or presence of a minor child.

(f) Include in any lease or rental agreement of housing accommodations a clause providing that as a condition of continued tenancy the tenants shall remain childless or shall not bear children, or otherwise maintain a household with a person or persons of a certain age.

(g) Evict or otherwise demand surrender of housing accommodations from any person because of age, parenthood, pregnancy, or presence of a minor child.

(h) Charge additional rent for persons living in a housing accommodation on the basis of age, parenthood, pregnancy, or presence of a minor child.

(Ord. No. NS-631, § 1, 8-14-79)

The following classifications of housing are exempt from this chapter:

(a) Housing accommodations where the owner has publicly established and implemented a policy of renting exclusively to senior adults. Deviance from or abandonment of such policy shall automatically terminate this exemption and subject the owner to all the provisions of this chapter.

(b) Any area or tract of land where two or more mobile home lots are rented or leased, or held out for rent or lease, to accommodate mobile homes used for human habitation.

(Ord. No. NS-631, § 1, 8-14-79)

This chapter shall not prohibit the person having the right to rent or lease the premises from requiring the same financial obligations of prospective tenants with regard to age, parenthood, pregnancy or presence of a minor child, as he or she may require of all other prospective tenants. No discrimination in the amount or manner of payment of said financial obligations shall be permitted.

(Ord. No. NS-631, § 1, 8-14-79)

(a) Criminal. Any person who violates any provision of Section B13-86 of this Code shall be guilty of an infraction, and upon conviction thereof, shall be punished by a fine not exceeding $50.00 for a first violation; a fine not exceeding $100.00 for a second violation within one year, a fine not exceeding $250.00 for each additional violation within one year.

Any person believing that a violation of said section has been committed may file a complaint with the District Attorney.

(b) Civil. Any person who violates any provision of Section B13-86 of this Code shall be liable to the aggrieved person in an amount equal to the sum of any actual damage sustained by such person, and for punitive damages in an amount not greater than $5,000.00 as determined by a jury or the court sitting without a jury. Any person who brings an action pursuant to this section may petition the court for award of costs and reasonable attorney's fees, which the court shall award if the action is successful.

(Ord. No. NS-629, § 1, 4-3-79; Ord. No. NS-631, § 1, 8-14-79)

An affirmative defense to an alleged violation(s) of this chapter shall be established if the defendant(s) prove that housing accommodation was denied due solely to the superficial floor space requirements of the current Uniform Building Code.

(Ord. No. NS-631, § 1, 8-14-79)