| Penalties |
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A misdemeanor: a fine of no more than $1,000, up to 6 months in County Jail, or both. Applies: Applies after a conviction.
§ 4.56.040 · code textAny person who is convicted of violating this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not greater than one thousand dollars or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. -
Actual damages or statutory damages of $1,000 to $20,000, whichever is greater, plus attorneys' fees and costs. Applies: For each offense; an aggrieved party can recover them.
§ 4.56.040 · code textAny person who violates or aids or incites another person to violate the provisions of this Chapter is liable for each and every such offense for the actual damages suffered by an aggrieved party or for statutory damages in the sum of between one thousand dollars and twenty thousand dollars, whichever is greater, and shall be liable for such attorneys' fees and costs as may be determined by the court in addition thereto. -
An extra civil penalty of up to $5,000 for each offense. Applies: The offense is against a person who is disabled or aged 65 or over.
§ 4.56.040 · code textAny violator shall be liable for an additional civil penalty of up to five thousand dollars for each offense committed against a person who is disabled or aged sixty-five or over. -
The court may also award punitive damages. Applies: Only in a proper case as state law defines it; proof must be clear and convincing.
§ 4.56.040 · code textThe court may also award punitive damages to any plaintiff, including the City, in a proper case as defined by Civil Code Section 3294.
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| Prohibited acts |
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Landlords may not, in bad faith, interrupt, end or fail to provide required housing services.
§ 4.56.020 · code textNo landlord shall, with respect to property used as a rental housing unit under any rental housing agreement or other tenancy or estate at will, however created, do any of the following in bad faith:
(a) Interrupt, terminate or fail to provide housing services required by contract or by State, County or local housing, health or safety laws, or violate Section 4.27.010(a); -
Landlords may not, in bad faith, fail to make required repairs and maintenance.
§ 4.56.020 · code text(b) Fail to perform repairs and maintenance required by contract or by State, County or local housing, health or safety laws; -
Landlords may not, in bad faith, fail to use due diligence to finish repairs and maintenance once started.
§ 4.56.020 · code text(c) Fail to exercise due diligence in completing repairs and maintenance once undertaken; -
Landlords may not, in bad faith, abuse their right to enter a rental unit.
§ 4.56.020 · code text(d) Abuse the landlord's right of access into a rental housing unit as that right is specified in California Civil Code Section 1954. -
Landlords may not, in bad faith, use offensive words inherently likely to provoke an immediate violent reaction.
§ 4.56.020 · code text(e) Abuse the tenant with words which are offensive and inherently likely to provoke an immediate violent reaction; -
Landlords may not, in bad faith, try to make a tenant move out through fraud, intimidation or coercion.
§ 4.56.020 · code text(f) Influence or attempt to influence a tenant to vacate a rental housing unit through fraud, intimidation or coercion. -
Landlords may not, in bad faith, threaten a tenant with physical harm by word or gesture.
§ 4.56.020 · code text(g) Threaten the tenant, by word or gesture, with physical harm; -
Landlords may not break laws that ban discrimination based on protected characteristics.
§ 4.56.020 · code text(h) Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, AIDS or occupancy by a minor child, immigration status, source of income, housing status, gender identity, gender expression, or any other class expressly protected by a local, State, or Federal law. -
No bad-faith eviction notices or lawsuits based on facts without reasonable cause to believe them, or on untenable legal theories. Applies: A landlord is liable for filing an eviction lawsuit only after that lawsuit ends in the tenant's favor.
§ 4.56.020 · code text(1) Take action to terminate any tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a rental housing unit based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord. No landlord shall be liable under this subsection for bringing an action to recover possession unless and until the tenant has obtained a favorable termination of that action, -
Landlords may not, in bad faith, interfere with a tenant's right to quiet use and enjoyment.
§ 4.56.020 · code text(j) Interfere with a tenant's right to quiet use and enjoyment of a rental housing unit as that right is defined by California law; -
Landlords may not, in bad faith, refuse to accept or acknowledge a tenant's lawful rent payment. Applies: Does not apply to payment offered after a state eviction notice expires, if accepting it would waive the landlord's right to evict on that notice.
§ 4.56.020 · code text(k) Refuse to accept a tenant's lawful rent payment or refuse to acknowledge receipt of a tenant's lawful rent payment. -
Landlords may not, in bad faith, interfere with a tenant's right to privacy.
§ 4.56.020 · code text(l) Interfere with a tenant's right to privacy, including, but not limited to, entering or photographing portions of a rental housing unit that are beyond the scope of a lawful entry or inspection; -
Landlords may not, in bad faith, impose or try to impose an unlawful or excessive rent increase.
§ 4.56.020 · code text(m) Impose or attempt to impose an unlawful or excessive rent increase. -
Landlords may not, in bad faith, retaliate against a tenant for reporting a violation or using a protected right.
§ 4.56.020 · code text(n) Retaliate against a tenant for reporting any violation of, or for exercising any right protected by, any Federal, State, County, or local housing, health or safety, fair housing, or other tenant protection law.
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