Chapter 8.40
PROHIBITION OF DISCRIMINATION IN RENTAL HOUSING
Sections:
8.40.040 Prohibited activities.
8.40.050 Refusal to rent based on number of occupants.
8.40.010 Purpose.
The purpose of this chapter is to prohibit discrimination in rental housing based on protected characteristics. [Ord. 5324 § 14, 2020; Ord. 5306 § 8, 2019; Ord. 3421 § 1, 1983].
8.40.020 Scope.
Repealed by Ord. 5324. [Ord. 5306 § 8, 2019; Ord. 3421 § 1, 1983].
8.40.030 Definitions.
(A) “Adult tenancy” refers to tenancy limited to persons who are over the age of 18 years. “Adult tenancy” does not include or authorize restrictions based on a minimum age other than 18 years.
(B) “Housing accommodation” is a residential unit which provides complete, independent living facilities for one or more persons. It includes permanent provisions for living, sleeping, eating, cooking and sanitation.
(C) “Senior adult” is a person 55 years of age or older.
(D) “Minor children” are children under the age of 18 years.
(E) “Discrimination” shall include but not be limited to any of the following:
(1) Refusing to rent or lease, or refusing to negotiate for the rental of, or otherwise denying to or withholding from any person, housing accommodations on the basis of a protected characteristic;
(2) Representing to any person on the basis of a protected characteristic that housing accommodations are not available for inspection or rental when such accommodation is in fact available;
(3) Differentiating in the terms, conditions or privileges of the rental of housing accommodations or in the provision of services or facilities in connection therewith, on the basis of a protected characteristic;
(4) Including in any lease or rental agreement of housing accommodations a clause providing that as a condition of continued tenancy the tenants shall remain childless, shall not bear children, or shall maintain a household with a person or persons of a certain age;
(5) Including in the deed of sale or covenant of any real property in Santa Cruz County a clause restricting or prohibiting the lease or rental of housing accommodations on the property on the basis of a protected characteristic;
(6) Where an adult tenancy only limitation applies in any housing accommodation, enforcing any restriction of tenancy based on a minimum age other than 18 years of age;
(7) Establishing unreasonable rules or conditions of occupancy which have the effect of excluding households with minor children or persons of a certain age;
(8) Inquiring as to the ages, parenthood or family composition of prospective tenants prior to advising as to the availability of a unit for rent.
(F) “Protected characteristic” means sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, and immigration status.
(G) “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. It also includes, but is not limited to, a person’s gender. “Gender” means sex and includes a person’s gender identity and expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. [Ord. 5324 § 14, 2020; Ord. 5306 § 8, 2019; Ord. 3421 § 1, 1983].
8.40.040 Prohibited activities.
(A) It is unlawful for the owner, lessee, sublessee, real estate broker, assignee or other person having the right to rent or lease any housing accommodations, or any agent or employee of such person, to commit any act of discrimination as defined in this chapter.
(B) It is unlawful for any newspaper, rental listing agency, publisher, advertiser or any other person to make, print or publish or cause to be made, printed or published any notice, statement or advertisement with respect to the lease or rental of a housing accommodation in the County of Santa Cruz that includes material that is discriminatory as defined in this chapter.
(C) Exception. For purposes of this chapter, age shall not be considered to be a protected characteristic for rental units in nursing, convalescent, and retirement homes, rental units in Federally subsidized housing developments for the elderly, and rental units in development projects which have been expressly approved for exclusive senior adult housing accommodations by the terms of a development permit issued by the County of Santa Cruz. [Ord. 5324 § 14, 2020; Ord. 5306 § 8, 2019; Ord. 3421 § 1, 1983].
8.40.050 Refusal to rent based on number of occupants.
Refusal to rent or lease a housing accommodation to a household with minor children on the basis of the number of occupants is unlawful unless the number of occupants of that household, excluding children under two years old, exceeds the maximum allowed for the unit under the following chart:
|
Number of Bedrooms |
Maximum Occupancy |
|---|---|
|
0 |
2 |
|
1 |
2 |
|
2 |
4 |
|
3 |
6 |
|
4 |
8 |
|
5 |
10 |
|
6 |
12 |
[Ord. 5306 § 8, 2019; Ord. 3421 § 1, 1983].
8.40.060 Violations.
Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be subject to the penalties provided in Chapter 1.12 SCCC. [Ord. 5306 § 8, 2019; Ord. 3421 § 1, 1983].