West Hollywood Municipal Code Ch. 9.46 Discrimination on the Basis of Family or Relationship Structure

It is hereby declared as the public policy of the City of West Hollywood that it is necessary to protect and safeguard the right and opportunity of all persons to be free from discrimination on account of their family or relationship structure, particularly families or relationships that fall outside the nuclear family norm. It is the intent of the city to eliminate discrimination against individuals in such family or relationship structures in housing, public accommodations, and business establishments.

Diverse family structures, including relationship structures involving more than two adults engaged in a loving and consensual relationship, are becoming increasingly common. The perpetuation of nuclear definitions of "family" excludes a segment of the West Hollywood population, such as non-traditional parenting models, multi-partner families and relationships, consensually non-monogamous relationships, and consensual intimate relationships, irrespective of marital status or domestic partnership status under state or local law. People in non-traditional interpersonal relationships that involve romantic, physical, and/or emotional intimacy face discrimination in some aspects of public life due to prejudicial misunderstandings related to the validity and moral fitness of such relationships. Individuals should not face discrimination on the basis of whom they share their homes, their hearts, and their lives.

(Ord. 26-06, 3/16/2026)

As used in this Chapter:

"Business establishment"

means any entity, however organized, which furnishes goods or services to the general public. An otherwise qualifying establishment which has membership requirements is considered to furnish services to the general public if its membership requirements: (a) consist only of payment of fees; (b) consist of requirements under which a substantial portion of the residents of this city could qualify; or (c) consist of an otherwise unlawful business practice.

"Family member"

means a person or persons related by blood, marriage, registered domestic partnership, or adoption. Family member includes a spouse, registered domestic partner, parent, child, grandparent, grandchild, sibling, including adoptive, step and foster relationships.

"Family or relationship structure"

means a person or people that share an "intimate personal relationship" or relationships, as defined below. "Family or relationship structure" refers to a person's actual or perceived affinity, or lack thereof, for any given type of intimate personal relationship, regardless of whether the person is currently involved in any intimate personal relationship(s), or as having one or more attributes commonly associated with a traditional family or relationship structure including that:

a.

The persons share the common necessities of life; and

b.

The persons are responsible for each other's welfare or person(s) are responsible for another's welfare in the case of dependents.

"Intimate personal relationship"

means an interpersonal relationship that involves romantic, physical, and/or emotional intimacy, which is the equivalent of a family relationship and which may or may not involve "family members" as defined above. "Intimate personal relationship" includes, but is not limited to, relationships with non-traditional parenting models (such as multi-partner/multi-parent relationships, multi-generational households, and single-parent households), consensual non-monogamous relationships, and asexual and aromantic relationships.

"Person"

shall mean and include one or more individuals, partnerships, associations, corporations, labor organizations, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries.

(Ord. 26-06, 3/16/2026)

a. In General. It shall be unlawful for any person or agent or employee thereof to discriminate against a person on the basis of that person's actual or perceived family or relationship structure, with respect to any of the following activities:

1. Housing. Any real estate transaction, including, but not limited to, the rental of a dwelling unit and/or any related terms, conditions, advertisements, communications, insurance, maintenance, rehabilitation, repairs, improvements, use or availability of facilities, or financing including loans and guarantees;

2. Business Establishments. The use or availability of or access to goods, services, facilities, privileges, advantages, or accommodations from any business establishment, and/or any related terms, conditions, advertisements or communications;

3. City Facilities and Services. The use or availability of or access to any municipal service or facility;

4. City Supported Facilities and Services. The use or availability of or access to any service or facility wholly or partially funded or otherwise supported by the city.

b. Exceptions.

1. Housing. Nothing in this chapter shall be:

A. Construed to apply to the rental or leasing of any dwelling unit in which the owner or any member of the owner's family occupies the same dwelling unit in common with the prospective tenant;

B. Deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law; or

C. Override any just cause for eviction set forth in the rental stabilization ordinance.

c. Pretext. It shall be unlawful to do any of the actions mentioned in subsections a.1 through a.4 for any reason that would not have been asserted but for a person's family or relationship structure.

(Ord. 26-06, 3/16/2026)

a. Any aggrieved person may enforce the provisions of this chapter by means of a civil action.

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

c. Action for injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity which will fairly and adequately represent the interests of the protected class.

d. Nothing in this chapter shall preclude any aggrieved person from seeking any other remedy provided by law.

(Ord. 26-06, 3/16/2026)

Any person who violates the provisions of this chapter shall be liable to each person injured by such violation for reasonable attorneys' fees and costs as determined by the court, plus damages equaling three times the amount of actual damages or a minimum of one thousand dollars.

(Ord. 26-06, 3/16/2026)

Actions under this chapter must be filed within one year of the alleged discriminatory acts. The provisions of this chapter do not apply where their application would violate or be inconsistent with state or federal laws, rules, or regulations.

(Ord. 26-06, 3/16/2026)

The provisions of this chapter shall be construed liberally for the accomplishment of its purposes.

(Ord. 26-06, 3/16/2026)