| Penalties |
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Actual damages (including emotional distress) or at least $1,000, whichever is greater, tripled for a knowing or reckless violation; up to $5,000 more per violation against a veteran, a disabled tenant, or a tenant 65 or older; injunctive relief; a prevailing tenant recovers reasonable attorney's fees Applies: an aggrieved Tenant brings a civil action for a violation of the harassment or retaliation prohibitions
§ 12-1.12 · code textAn aggrieved Tenant may bring a civil action for injunctive relief or damages, or both, for any violation of Section 12-1.12(b) or Section 12-1.12(c). -
The violator pays the City's costs of abating and prosecuting the violation. Applies: In addition to the other remedies.
§ 12-1.12 · code textIn addition to the remedies provided in this section, a violator is liable for such costs, expenses, and disbursements paid or incurred by the City in abatement and prosecution of the violation. -
An administrative citation or civil penalty issued by the City. Applies: The City Attorney requests it, for a party with a pattern and practice of violations.
§ 12-1.12 · code textThe City Attorney may also request that an administrative citation or civil penalty be issued by the City.
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| Tenant lawsuits |
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Yes. A tenant can sue for a court order, damages, or both over harassment or retaliation. Applies: Retaliation claims can only go to court; service, repair, rent or quiet-enjoyment claims first need notice to the landlord and 15 days to fix.
§ 12-1.12 · code textAn aggrieved Tenant may bring a civil action for injunctive relief or damages, or both, for any violation of Section 12-1.12(b) or Section 12-1.12(c).
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| Prohibited acts |
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Cutting off or failing to provide required housing services, or threatening to. Applies: When done in bad faith; some rental unit types are exempt.
§ 12-1.12 · code textInterrupt, terminate, or fail to provide Housing Services required by contract State, County or municipal housing, health or safety laws, or threaten to do so; -
Failing to make required repairs and maintenance, or threatening to. Applies: When done in bad faith; some rental unit types are exempt.
§ 12-1.12 · code textFail to perform repairs and maintenance required by contract or by State, County, or municipal housing, health, or safety laws, or threaten to do so; -
Not finishing repairs with due diligence, or not following industry repair, containment or cleanup protocols. Applies: When done in bad faith; some rental unit types are exempt.
§ 12-1.12 · code textFailure to exercise due diligence in completing repairs and 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; -
Abusing the landlord's legal right to enter the unit. Applies: When done in bad faith; some rental unit types are exempt.
§ 12-1.12 · code textAbuse the Landlord's right of access into a Rental Unit as that right is provided by law; -
Pressuring a tenant to move out by fraud, intimidation or coercion, including threats to report them to immigration (ICE). Applies: When done in bad faith; some rental unit types are exempt.
§ 12-1.12 · code textInfluence or attempt to influence a Tenant to vacate a Rental Unit through fraud, intimidation or coercion, which shall include threatening to report a Tenant to U.S. Immigration and Customs Enforcement; -
Refusing to accept or acknowledge a tenant's lawful rent payment. Applies: When done in bad faith; allowed only where state law permits, after a notice to quit is served and its deadline has passed.
§ 12-1.12 · code textRefuse to accept or acknowledge receipt of a Tenant's lawful Rent payment, except as such refusal may be permitted by state law after a notice to quit has been served on the Tenant and the time period for performance pursuant to the notice has expired; -
Interfering with a tenant's privacy, such as residence, citizenship status or Social Security number, or improperly releasing it. Applies: When done in bad faith; allowed where the law requires or permits, and a Social Security number may be collected to qualify a tenant.
§ 12-1.12 · code textInterfere with a Tenant's right of privacy, including but not limited to the Tenant's residence or citizenship status or social security number, except as required by law or, in the case of a social security number, for the purpose of obtaining information for the qualifications for a tenancy, and not release such information except as required or authorized by law; -
Offering money to move out more than once in 6 months after the tenant declined further offers in writing. Applies: When done in bad faith, after the tenant told the landlord in writing they want no more offers.
§ 12-1.12 · code textOffer payments to a Tenant to vacate more than once in six (6) months, after the Tenant has notified the Landlord in writing the Tenant does not desire to receive further offers of payments to vacate; -
Substantially and directly interfering with a tenant's quiet enjoyment of the unit. Applies: When done in bad faith; some rental unit types are exempt.
§ 12-1.12 · code textSubstantially and directly interfere with a Tenant's right to quiet and enjoyment of a Rental Unit as that right is defined by California law; -
Verbal or physical abuse or intimidation. Applies: When done in bad faith; some rental unit types are exempt.
§ 12-1.12 · code textVerbal or physical abuse or intimidation. -
Retaliating against a tenant for using a right under the rent ordinance.
§ 12-1.12 · code textRetaliation against a Tenant because of the Tenant's exercise of right under the Ordinance is prohibited.
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