| Prohibited acts |
-
Cutting off, withholding or threatening required services, including utilities, reasonable access, or removing doors or windows without prompt replacement Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code textNo landlord, and no agent or employee of the landlord, shall do any of the following in bad faith:
-
Failing, or threatening to fail, to do repairs or maintenance required by the lease or housing, health or safety laws Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(b) Fail to perform repairs or threaten to fail to perform repairs or maintenance required by a rental agreement or by state, county or local housing, health or safety laws.
-
Not finishing repairs or maintenance with due diligence, or not following proper containment or cleanup procedures Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(c) Fail to exercise due diligence in completing repairs or 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 right to enter the unit, including entering or photographing areas beyond a lawful entry or inspection Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(d) Abuse the right of access into a rental unit as established and limited by California Civil Code section 1954 or successor statute, including entering or photographing portions of the rental unit that are beyond the scope of a lawful entry or inspection.
-
Removing the tenant's belongings, furnishings or service items without prior written consent, except under legal procedures Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(e) Remove from the rental unit personal property, furnishings, or other items that belong to the tenant or that are part of the housing services without the prior written consent of the tenant, except when done pursuant to the procedures set forth in Civil Code section 1980 et seq., or successor statute.
-
Trying to push a tenant out through fraud, intimidation or coercion, including some immigration-status reporting threats Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(f) Influence or attempt to influence a tenant to vacate a rental unit through fraud, intimidation, or coercion.
-
Offering payments to move out more than once in 6 months Applies: Done in bad faith by the landlord or their agent or employee, after the tenant says in writing they want no more offers
§ 11.103.060 · code text(g) Offer payments to a tenant to vacate more than once in six months, after the tenant has notified the landlord in writing the tenant does not desire to receive further offers of payments to vacate.
-
Trying to coerce a tenant to move out with payment offers plus threats or intimidation Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(h) Attempt to coerce a tenant to vacate with offer(s) of payments to vacate that are accompanied with threats or intimidation.
-
Threatening the tenant or guests with physical harm Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(i) Threaten the tenant, or their guests, by word or gesture, with physical harm.
-
Interfering with the tenant's right to quiet use and enjoyment of the unit Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(j) Interfere with a tenant's right to quiet use and enjoyment of a rental unit as that right is defined by California law.
-
Refusing to accept or acknowledge a lawful rent payment Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(l) Refuse to accept or acknowledge receipt of a tenant's lawful rent payment.
-
Refusing to cash a rent check or money order for more than 30 days Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(m) Refuse to cash a rent check or money order for more than 30 days.
-
Invading a tenant's privacy or asking for private information like residency, citizenship status or Social Security number, unless legally allowed Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(n) Interfere with a tenant's right to privacy or request information that violates a tenant's right to privacy, including, but not limited to, residency or citizenship status or social security number, except as authorized by law.
-
Falsely telling a tenant they must move out, or luring them out by misrepresenting or hiding key facts Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(o) Misrepresent to a tenant that they are required to vacate a rental unit or otherwise entice a tenant to vacate a rental unit through misrepresentations or concealment of material facts.
-
Forcing a tenant to move out and re-register so they are not classified as a tenant Applies: Only when done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(p) Force a tenant to vacate their rental unit and reregister to avoid classification as a tenant under Civil Code section 1940.1. Forced vacation can be implied from the totality of the circumstances.
-
Other repeated acts or omissions that substantially interfere with comfort, peace, or quiet and cause, are likely to cause, or intend to cause a tenant to vacate or surrender or waive occupancy rights Applies: Done in bad faith by the landlord or the landlord's agent or employee
§ 11.103.060 · code text(r) Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, peace or quiet of any person lawfully entitled to occupancy of such rental unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy.
-
In bad faith, interrupting, terminating, failing to provide, or threatening to interrupt, terminate, or fail to provide required housing services, including curtailing utilities, impeding reasonable access, or removing doors or windows without timely replacement Applies: Landlord, agent or employee acting in bad faith
§ 11.103.060 · code text(a) Interrupt, terminate, or fail to provide housing services or threaten to interrupt, terminate or fail to provide housing services required by a rental agreement or by state, county or local housing health or safety laws. This includes the following:
(1) Curtailing any utility services by any means whatsoever including, but not limited to, the cutting or removal of wires, removal of fuses, switching of breakers, and non-payment of bills for utilities that are part of the housing services. Utility services includes, but is not limited to, water, heat, electricity, gas, telephone, cable, internet, garbage and recycling collection, and sewage.
(2) Impeding reasonable access to the rental unit.
(3) Removing, without replacement within a reasonable time period, when building permits are obtained, if required, doors or windows of the rental unit.
-
Violating anti-discrimination laws protecting race, gender, sexual preference/orientation, ethnicity, nationality/birthplace, immigration/citizenship, religion, age, parenthood, marriage, pregnancy, disability, AIDS or minor-child occupancy Applies: Landlord, agent or employee acts in bad faith
§ 11.103.060 · code text(k) Violate a law that prohibits discrimination based on actual or perceived race, gender, sexual preference, sexual orientation, ethnic background, nationality, place of birth, immigration or citizenship status, religion, age, parenthood, marriage, pregnancy, disability, AIDS or occupancy by a minor child.
-
Unilaterally imposing or requiring agreement to material new tenancy terms or a new rental agreement Applies: Landlord, agent or employee acting in bad faith; Unless authorized by specified law, required by government law or regulatory agreement, or accepted in writing after notice that the tenant need not accept the new terms; rent-controlled units must also satisfy all Chapter 11.100 rules
§ 11.103.060 · code text(q) Unilaterally impose or require an existing tenant to agree to material new terms of tenancy or to a new rental housing agreement, unless: (1) the change in the terms of tenancy is authorized by the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance (RMC 11.100 et seq.), California Civil Code sections 1946.2(f), 1947.5, or 1947.12, or successor statutes, or is required by federal, state, or local law or regulatory agreement with a government agency, or (2) the change in the terms of the tenancy was accepted in writing by the tenant after receipt of written notice from the landlord that the tenant need not accept such new terms as part of the rental agreement. Notwithstanding (1) and (2) of this section, where a rental unit is regulated by the rent control provisions of the Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance (RMC 11.100 et seq.), all change in terms of tenancy must comply with the provisions of Richmond Municipal Code section 11.100 et seq., and accompanying rent board regulations.
|