Ventura Municipal Code Ch. 8.1200 ANTI-HARASSMENT PROGRAM

8.1200.010 Chapter description.

This chapter establishes anti-harassment regulations to supplement existing state and federal laws prohibiting and deterring harassment in all rental units including single-family residences and condominiums. (Ord. No. 2026-004, § 1, 2-17-26)

8.1200.020 Purpose and intent.

The purpose of this chapter is to promote safety and stability in the city’s residential rental market by establishing clear guidelines regarding unacceptable harassing behavior; providing protections to tenants that go beyond those afforded by state law; and creating effective enforcement mechanisms including private civil remedies. (Ord. No. 2026-004, § 1, 2-17-26)

8.1200.030 Lawful evictions.

Nothing in this chapter enlarges or diminishes a property owner’s right to lawfully terminate a tenancy and shall not be construed to prevent the lawful eviction of a tenant through appropriate legal procedures. (Ord. No. 2026-004, § 1, 2-17-26)

8.1200.040 Definitions.

As used in this chapter, the following terms are defined as follows:

“Harassment” means any intentional conduct by a property owner that is designed to intimidate, annoy, harass, injure, provoke, or vex another person, that serves no lawful purpose, and includes, but is not limited to, the following conduct:

Within a reasonable time after written or verbal notice to the property owner:

a. Failing to perform repairs and maintenance or failing to limit harmful substances during construction or repairs as required by housing, health, or safety laws;

b. Reducing, eliminating, or charging additionally for housing services provided in the lease, contract, or applicable law (e.g., parking), unless authorized by court order or applicable law;

Misrepresenting that a tenant must vacate the unit or inducing them to vacate through misrepresentation, concealment or omission of material facts;
Threatening or taking action to terminate a tenancy including serving an eviction notice based on information which the property owner has no reasonable basis to believe to be true;
Unless required by law, inquiring as to the immigration or citizenship status or suspected status of a tenant, prospective additional tenant, occupant, or prospective additional occupant of a rental unit, or requiring a statement, representation, or certification concerning their immigration or citizenship status;
Interfering with a tenant’s quiet enjoyment of their rental unit, including entering the rental unit in violation of California Civil Code Section 1954;
Using abusive or offensive words which are inherently likely to provoke an immediate violent reaction;
Threatening physical harm to a tenant, whether verbally or by gesture;
Refusing to accept lawful rent and security deposit payment as provided by California Civil Code Section 1947.3. This section shall not require a property owner to accept rent in order to impede a lawful eviction;
Disclosing or threatening to disclose immigration or citizenship status or suspected status of a tenant or occupant to influence a tenant to vacate or for any other reason;
Reporting or threatening to report a tenant to a government agency for engaging in legally protected activity;
Violating federal, state, or local housing anti-discrimination laws;
Retaliating against tenants for organizing or participating in tenant associations or unions;
Repeated acts or omissions that substantially interfere with a tenant’s comfort, peace, or quiet, or are intended to cause the tenant to waive or forfeit tenancy rights;
Engaging in conduct or threatening to engage in conduct prohibited by Civil Code Section 789.3.

“Housing services” means services provided to a tenant by and under the control of the property owner in connection with their use or occupancy of a rental unit or lease agreement, including the affirmative standard characteristics required by California Civil Code Section 1941.1 and the building conditions that must be provided to avoid being declared a substandard building pursuant to California Health and Safety Code Section 17920.3.

“Lease agreement” means any agreement, oral or written, or implied, between a property owner and tenant for use or occupancy of a rental unit and for housing services.

“Property owner” means any person or entity entitled to receive rent for the use or occupancy of a rental unit, including owners, lessors, sublessors, agents, representatives, or successors.

“Rental unit” means any housing accommodation as defined in Government Code Section 12927, including duplexes, condominiums, and single-family homes in the city of San Buenaventura that are rented or offered for rent for residential purposes. This includes associated land, appurtenant buildings, garage and parking facilities, mobile homes (whether rent is paid for the structure and/or the land), and all related housing services and facilities.

“Tenant” means any tenant, subtenant, lessee, sublessee, or other person entitled to use or occupy a rental unit within the city. (Ord. No. 2026-004, § 1, 2-17-26)

8.1200.050 Harassment is prohibited.

Harassment of tenants is prohibited.

Notwithstanding the foregoing, the following property owner conduct, whether oral or in writing, is not considered tenant harassment: (A) a notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates the lease agreement or other legal requirement; and/or (B) an explanation of the lease agreement or other legal requirement given in the normal course of business. (Ord. No. 2026-004, § 1, 2-17-26)

8.1200.060 Affirmative defense.

A tenant may use the protections afforded in this chapter as an affirmative defense in an unlawful detainer action when a property owner engages in actions constituting harassment as defined in this chapter. (Ord. No. 2026-004, § 1, 2-17-26)

8.1200.070 Enforcement and penalties.

A. Voluntary Mediation and Education/Outreach.

The community development director may establish voluntary mediation services which shall not be a prerequisite to the issuance of an administrative citation and a community education and outreach program related to tenant and property owner rights and responsibilities.
The community development director may issue forms, interpretations, and regulations as may be necessary to administer this chapter. If the community development director issues a document regarding the rights and responsibilities of tenants and property owners under this chapter, then property owners shall provide this document to tenants upon execution and renewal of a lease agreement. For tenancies without written lease agreements, property owners shall provide the document regarding the rights and responsibilities of tenants and property owners under this chapter to tenants on an annual basis.

B. Civil Actions.

Any affected tenant, entity or organization may bring a civil action to enforce this chapter.
In addition to the civil penalties established in subsection C of this section, a violator of this chapter is liable for each such offense for economic damages suffered by the aggrieved party and noneconomic damages including damages for mental or emotional distress, rent refunds for a reduction in housing services (if applicable), injunctive, declaratory and other equitable relief, restitution and reasonable attorney’s fees and costs.

C. Civil Penalties.

A prevailing tenant is entitled to a civil penalty of a total of not more than $10,000 but not less than $2,000 for each violation with respect to each day that the violation exists up to 30 days.
An additional civil penalty of up to $5,000 per violation may be imposed if the tenant is a disabled person or a senior citizen (i.e., a person 65 years or older).

D. Administrative Citations. An enforcement officer is authorized to issue an administrative citation assessing a civil penalty established by resolution for violations of this chapter pursuant to Chapter 1.50. (Ord. No. 2026-004, § 1, 2-17-26)

8.1200.080 Nonexclusive remedies and penalties.

The remedies provided in this chapter are not exclusive, and nothing shall preclude any person from seeking any other remedies, penalties or procedures provided by law. (Ord. No. 2026-004, § 1, 2-17-26)

8.1200.100 Waiver prohibited.

Any waiver of rights under this chapter shall be void as contrary to public policy. (Ord. No. 2026-004, § 1, 2-17-26)