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TENANT HARASSMENT ORDINANCE ▼
Santa Monica Municipal Code
Section 4.56.010 Definitions.
Section 4.56.020 Prohibition.
Section 4.56.030 Lawful evictions.
Section 4.56.040 Enforcement and penalties.
Section 4.56.010. Definitions.
(a) Fraud. Intentional misrepresentation, deceit or concealment of a material fact.
(b) Housing Service. Housing services include, but are not limited to, hot and cold water, heat, electricity, gas, refrigeration, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, refuse removal, furnishings, telephone, parking, effective waterproofing and weather protection, painting, and any other benefit, privilege or facility that has been provided by the landlord to the tenant with use or occupancy of any rental housing unit. Services to a rental housing unit shall include a proportionate part of services provided to common facilities of the building in which the rental housing unit is contained.
(c) Landlord. An owner, lessor, sublessor, or any other person entitled to receive rent for the use and occupancy of any rental housing unit, or an agent, representative or successor of any of the foregoing.
(d) Malice. An intent to vex, annoy, harass or injure another person.
(e) Rental Housing Agreement. An agreement, oral or written or implied, between a landlord and tenant for use or occupancy of a rental housing unit and for housing services.
(f) Rental Housing Unit. A housing unit in the City that constitutes a controlled rental unit pursuant to City Charter Section 1800 et seq. including a room in a single-family home, hotel or motel, roominghouse or apartment, single-family home, mobile home or mobile home space, trailer or trailer space.
(g) Tenant. A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental housing agreement to the use or occupancy of any rental housing unit.
Section 4.56.020 Prohibition.
No 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 with malice:
(a) Interrupt, terminate or fail to provide housing services required by contract or by State, county or local housing, health or safety laws;
(b) Fail to perform repairs and maintenance required by contract or by State, county or local housing, health or safety laws;
(c) Fail to exercise due diligence in completing repairs and maintenance once undertaken;
(d) Abuse the landlord's right of access into a rental housing unit as that right is specified in California Civil Code Section 1954;
(e) Abuse the tenant with words which are offensive and inherently likely to provoke an immediate violent reaction;
(f) Influence or attempt to influence a tenant to vacate a rental housing unit through fraud, intimidation or coercion;
(g) Threaten the tenant, by word or gesture, with physical harm;
(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;
(i) (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.
(2) This subsection shall not apply to any attorney who in good faith initiates legal proceedings against a tenant on behalf of a landlord to recover possession of a rental housing unit;
(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;
(k) Refuse to acknowledge receipt of a tenant’s lawful rent payment.
(l) Interfere with a tenant’s right to privacy.
Section 4.56.030 Lawful evictions.
Nothing in this Chapter shall be construed as to prevent the lawful eviction of a tenant by appropriate legal means nor shall anything in this Chapter apply to occupancies defined by subdivision (b) of Civil Code Section 1940.
Section 4.56.040 Enforcement and penalties.
(a) Criminal Penalty. Any 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.
(b) Civil Action. Any person, including the City, may enforce the provisions of this Chapter by means of a civil action. The burden of proof in such cases shall be preponderance of the evidence. A violation of this Chapter may be asserted as an affirmative defense in an unlawful detainer action.
(c) Injunction. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice which violates Section 4.56.020 may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interest of the protected class.
(d) Penalties and Other Monetary Awards. Any 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 any aggrieved party or for statutory damages in the sum of one thousand dollars, whichever is greater, and shall be liable for such attorney's fees and costs as may be determined by the court in addition thereto. The court may also award punitive damages to any plaintiff, including the City, in a proper case as defined by Civil Code Section 3294. The burden of proof for purposes of punitive damages shall be clear and convincing evidence.
(e) Nonexclusive Remedies and Penalties. The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
