Chapter 5.72
TENANT ANTI-DISCRIMINATION

Sections:

5.72.010    Purpose and findings.

5.72.020    Right to protection.

5.72.030    Exceptions.

5.72.040    Redress.

5.72.050    Liability.

5.72.010 Purpose and findings.

A.    Housing is an essential requirement for all residents of an urban area. Housing element policy H-F-1 of the Foster City general plan states, “The city will ensure provision of housing opportunities for all people and will take appropriate actions when necessary to ensure that the sale, rental, or financing of housing is not denied to any individual on the basis of race, sex, national origin, religion, age or other arbitrary factors.”

B.    The city from time to time receives complaints that tenants who qualify for Section 8 rental assistance are unable to benefit from it because of the unavailability of participating landlords.

C.    The purpose of this chapter is to establish a right of existing tenants to be free of discrimination based on their use of a rental subsidy. (Ord. 581 § 2 (part), 2013)

5.72.020 Right to protection.

It shall be unlawful for the owner or manager of rental housing to discriminate against an existing tenant on the basis of that tenant’s use of a Section 8 or any other rent subsidy. It shall be a violation of this prohibition for a property owner or manager to refuse to accept a Section 8 or any other rent subsidy for which an existing tenant qualifies, or to terminate the tenancy of an existing tenant based on the property owner’s or manager’s refusal to participate in a Section 8 or any other rent subsidy program for which an existing tenant has qualified. (Ord. 581 § 2 (part), 2013)

5.72.030 Exceptions.

Nothing in this chapter shall be construed to apply to rental or leasing of any housing unit located in a structure on the same property containing ten or fewer units. (Ord. 581 § 2 (part), 2013)

5.72.040 Redress.

A.    A person whose rights have been violated under this chapter may not commence a civil action to enforce those rights unless he or she has first offered to mediate the controversy. The complainant’s obligations under this section shall be met if the complainant:

1.    Offers to mediate the controversy under the auspices of the Peninsula Conflict Resolution Center, or any free mediation service that the city may establish for this purpose in the future;

2.    Mediates in good faith. The complainant’s obligations under this section shall be deemed satisfied if the opposing party does not agree to mediation within fourteen days after being requested to mediate, or if no mediated resolution is reached within thirty days after being requested to mediate, despite the complainant’s good faith efforts.

B.    If a complaint of discrimination under this chapter is not resolved through mediation, and the complainant has complied with his or her responsibilities under subsection A of this section, the complainant has the right to initiate a civil action for damages and injunctive relief. The litigating complainant shall file a courtesy copy of the lawsuit with the city attorney. (Ord. 581 § 2 (part), 2013)

5.72.050 Liability.

A.    The city shall not be liable for any damages, costs, or expenses which are the result of any act or omission of or any decision made by any person (e.g., mediator, arbitrator, or court) concerning an anti-discrimination right claim or a complainant’s assertions pertaining to rights granted or conferred by this chapter.

B.    Under no circumstances shall the city have any responsibility or liability to enforce this chapter or to seek any legal redress, civil or criminal, for any decision it or any other person makes concerning an anti-discrimination claim.

C.    Violations of this chapter shall not constitute a crime. (Ord. 581 § 2 (part), 2013)