Chapter 19.08
DISCRIMINATION AGAINST FAMILIES WITH CHILDREN IN PROPERTY RENTALS
Sections:
19.08.030 Prohibited activity.
19.08.040 Exemptions – Minimum floor area.
19.08.050 Tenant age policy not prohibited.
19.08.060 Requirements of financial obligations not prohibited.
19.08.010 Findings.
A. The city council finds that discrimination against families with minor children in the leasing or renting of housing accommodations exists within the city. The council further finds that the existence of such discrimination poses a substantial threat to the health and welfare of a sizable segment of the community, namely families with minor children.
B. The city council finds that a shortage of housing suitable for families with minor children exists within the city. The city council further finds that a low vacancy rate exists in all rental housing throughout the city. The addition of discrimination against families with minor children to the above two factors creates an untenable situation for the children of the city.
C. The overall effect of such discrimination is to encourage the flight of families from the city and to further diminish family-oriented neighborhoods. It has an overall detrimental effect on the composition of the city, the stability of neighborhoods, the preservation of family life within the city, the living conditions of our children, the quality of our schools, and the viability of children’s activities and organizations.
D. This discrimination cuts across all racial, ethnic and economic levels. (Ord. 382 § 1(part), 1984: Ord. 290 §§ 1(part), 3(part), 1979).
19.08.020 Definitions.
For the purposes of this chapter, the following words or phrases shall have the meanings set out in this section:
A. “Housing accommodation” means:
1. Residential rental units consisting of one or more rooms in which cooking facilities are available;
2. Mobile home spaces and/or mobile homes.
B. “Minor child” or “minor children” means any natural person under the age of eighteen years. (Ord. 382 § 1(part), 1984: Ord. 324 § 2, 1981: Ord. 290 §§ 1 (part), 3(part) 1979).
19.08.030 Prohibited activity.
It is unlawful for the owner, lessor, lessee, sublessee, real estate broker, assignee, or other person having the right of ownership, the right of possession, or the right to rent or lease any housing accommodations, or any agent or employee of such person to:
A. Refuse to rent or lease, or otherwise deny to or withhold from any person such accommodations because such person has a minor child or children who shall occupy the leased or rented premises with such person;
B. Represent to any person because of the potential tenancy of a minor child or children that housing accommodations are not available for inspection or rental when such dwelling is in fact so available;
C. Make, print, or publish, or cause to be made, printed or published any notice, statement, or advertisement, with respect to the rental of housing accommodations that indicates any preference, limitation, or discrimination based on the potential tenancy of a minor child or children;
D. Discriminate against any person in the terms, conditions or privileges of the rental of housing accommodations or in the provision of services or facilities in connection therewith, because of the potential tenancy of a minor child or children;
E. Refuse to rent after the making of a bona fide offer, or to refuse to negotiate for the rental of, or otherwise make unavailable or deny, housing accommodations to any person because of the potential tenancy of a minor child or children;
F. Include in any lease or rental agreement of housing accommodations a clause providing that as a condition of continued tenancy the tenants shall remain childless or shall not bear children. (Ord. 382 § 1(part), 1984: Ord. 290 §§ 1(part), 3(part), 1979).
19.08.040 Exemptions – Minimum floor area.
The provisions of Section 19.08.030 of this chapter shall be applicable only to any housing accommodation which meets or exceeds the following floor area standards:
A. Each such housing accommodation shall have at least one room which shall have not less than one hundred twenty square feet of superficial floor area.
B. Every room which is used for both cooking and living, or both living and sleeping purposes shall have not less than one hundred forty-four square feet of superficial floor area; provided, that when more than one person occupies such room, it shall have an additional forty square feet for each occupant in excess of one.
C. Every room used for sleeping purposes shall have not less than eighty square feet of superficial floor area.
D. When more than two persons occupy a room used for sleeping purposes, the required superficial floor area shall be increased at the rate of fifty square feet for each occupant in excess of two. (Ord. 382 § 1(part), 1984: Ord. 290 §§ 1(part), 3(part), 1979).
19.08.050 Tenant age policy not prohibited.
A. In housing accommodations otherwise covered by this chapter, where the owner publicly establishes and carries out a policy of renting exclusively to persons who are defined in this chapter as elderly, said owner or any other person enumerated in Section 19.08.030 shall be exempt from the provisions of this chapter; provided, however, that deviation for or abandonment of said policy shall automatically subject said owner to all the provisions of this chapter. “Elderly persons” are persons who have attained the age of sixty-two or more years.
B. Provided, however, that with respect to mobile home parks, as defined in California Civil Code Section 798.4, as long as the management of said parks publicly establishes and carries out a policy of renting housing accommodations exclusively to adults, and said policy is not deviated from or abandoned, said parks may limit residence therein to adults only of any minimum age as long as that minimum age equals eighteen or more years. (Ord. 382 § 1(part), 1984: Ord. 346 § 2, 1982: Ord. 290 §§ 1(part), 3(part), 1979).
19.08.060 Requirements of financial obligations not prohibited.
This chapter shall not prohibit the person having the right to rent or lease the premises from requiring the same financial obligations of prospective tenants with minor children as he or she may require of prospective tenants without children. However, no discrimination in the amount or manner of payment of said financial obligations shall be permitted. (Ord. 382 § 1(part), 1984: Ord. 290 §§ 1(part), 3(part), 1979).
19.08.070 Penalty.
A. Any person whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter shall be guilty of an infraction and upon a first conviction shall be punished by a fine of not more than fifty dollars ($50.00) and for a second conviction of a violation of the same chapter within a period of one year by a fine of not more than one hundred dollars ($100.00), and for a third or any subsequent conviction within a period of one year, by a fine of not more than two hundred fifty dollars ($250.00). Any such person shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person and shall be punishable as provided in this section.
B. Any person believing that a violation of said chapter has been committed may file a complaint with the district attorney. (Ord. 382 § 1(part), 1984: Ord. 324 § 3, 1981: Ord. 290 §§ 1(part), 3(part), 1979).