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17.52.090 Prohibition of Tenant Harassment.

          a.   Notwithstanding any other provision of this code, no landlord, or landlord’s agent, property manager or representative shall, with respect to property used as a rental unit under any rental agreement or other tenancy or estate at will, however created, engage in harassment of any tenant of a rental housing unit.

          b.   Harassment includes, but is not limited to, the following conduct done with an intent to vex, annoy, injure, or intimidate a tenant:

                1.   A reduction or elimination of housing services as the term “housing service” is defined in this title.

                2.   A reduction of maintenance or failure to perform and timely complete necessary repairs or maintenance as set forth by contract or by state, county or local housing, health or safety laws, including the maintenance requirements set forth in Section 17.56.010 of this title.

                3.   Abusing the right of access into a rental housing unit as established and limited by California Civil Code Section 1954. This includes: (i) entries for pretextual inspections that are not related to necessary repairs or services; (ii) entries or notices to enter that are excessive in number; (iii) entries that improperly target certain tenants or are used to collect evidence against the occupant; (iv) entries that 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; or (v) entries beyond the scope of an otherwise lawful entry.

                4.   Engaging in abusive conduct toward a tenant through the use of words which are offensive and inherently likely to provoke an immediate violent reaction.

                5.   Enticing a tenant to vacate a rental housing unit through an intentional misrepresentation(s) or the concealment of a material fact.

                6.   Threatening a tenant, by word or gesture, with physical harm.

                7.   Misrepresenting to a tenant that the tenant is required to vacate a rental housing unit.

                8.   Failing to exercise due diligence in performing and completing repairs to a rental housing unit after obtaining possession of the unit for the purpose of performing the repairs.

                9.   Engaging in an activity prohibited by federal, state or local law which prohibits housing discrimination on any basis, including, but not limited to, sexual orientation, race, color, sex, ancestry, ethnic origin, national origin, religion, age, marital status, familial status, parenthood, pregnancy, disability, medical condition, including, but not limited to, AIDS or AIDS-related conditions, gender identity, occupancy by a minor child, citizenship, or status as a student.

                10. Threatening to terminate a tenancy, recover possession of a rental unit, or evict a tenant from a rental unit without a proper factual and legal basis. This subsection shall not apply to a threat that is made in connection with litigation that is actually pending or in good faith contemplated when the threat is made.

                11. Engaging in any act or omission which interferes with the tenant’s right to use and enjoy the rental unit.

 

                12. Refusing to acknowledge or accept receipt of lawful rent payments as set forth in the lease agreement or as established by the usual practice of the parties.

                13. Engaging in any act or omission constituting a disturbance of a tenant’s possession of rental premises, whereby the premises are rendered unfit for occupancy, or the tenant is deprived of the beneficial enjoyment of the premises.

                14. Engaging in construction or renovations at a property that creates conditions designed to encourage any tenant to vacate their rental unit.

                15. Failure to submit a required tenant habitability plan for approval, or to adhere to the terms of an approved tenant habitability plan, as required under Chapter 17.30 of this title.

                16. Prohibiting entry by the tenant into a tenant’s unit absent a judicial order permitting repossession by the landlord.

                17. Soliciting a tenant for sexual conduct in exchange for protection from eviction or to perform maintenance.

                18. Inquiring as to the immigration or citizenship status of a tenant, prospective additional tenant, occupant, or prospective additional occupant of a rental unit, or requiring any of these people to make any statement, representation, or certification concerning their immigration or citizenship status, or disclosing or threatening to disclose to any person or entity information regarding the immigration or citizenship status of any of the foregoing individuals.

                19. Interfering with a tenant’s right to privacy, including, but not limited to, using cameras to view the interior of a tenant’s rental unit, requesting information regarding residency or citizenship status, or requesting a Social Security number, except as authorized by law.

                20. Retaliating, threatening, or interfering with tenant organizing activities, including forming or participating in tenant associations or unions, or for engaging in other political activities.

                21. Retaliating against or threatening a tenant for inquiring with, or seeking assistance from, a government or social services agency.

                22. Attempting to recover possession of a rental unit that is exempt from rent increase limitations under this title or any other provision of law by means of a rent increase that is imposed in bad faith with intent to coerce the tenant into vacating the rental unit in circumvention of Section 17.52.010. Evidence of bad faith may include but is not limited to the following: (i) the rent increase was substantially in excess of market rates for comparable units; (ii) the rent increase was within six months after an attempt to recover possession of the unit; and (iii) such other factors as a court or the Commission may deem relevant.

          c.   The conduct described in subsection (b) shall not include conduct intended to communicate ideas or beliefs to the public at large which has only an incidental effect upon a person or persons.

          d.   Any person who is convicted of violating this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not greater than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.

          e.   Any person, including the city, may enforce the provisions of this section by means of a civil action. Any person or entity violating any of the provisions of this section is liable for each and every such offense for actual damages suffered by the aggrieved party, or for statutory damages in the sum of ten thousand dollars ($10,000.00), whichever is greater, and for punitive damages, and shall be liable for attorneys’ fees and costs.

 

          f.    Any person or entity violating any of the provisions of this section is liable for additional statutory damages in the sum of five thousand dollars ($5,000.00) for each and every such offense if the aggrieved party is a senior citizen or disabled tenant when any of the harassing conduct occurred.

          g.   The remedies provided in this section are not exclusive, and nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law.

(Ord. 22-1194 § 4, 2022; Ord. 21-1155 § 5, 2021; Ord. 07-778 § 1, 2007; Ord. 02-624 § 1, 2002; Ord. 99-548 § 36, 1999; Ord. 97-482 § 1, 1997; Ord. 95-449U § 11, 1995; Ord. 94-405 § 1, 1994; Ord. 94-404 §§ 1, 2, 1994; Ord. 93-373 § 1, 1993; Ord. 91-291 §§ 1 – 4, 1989; Ord. 89-231 § 1, 1989; Ord. 88-199 §§ 2, 3, 1988; Ord. 88-179-§ 1, 1988; Ord. 87-169U §§ 1, 2, 1987; Ord. 87-135U §§ 1, 12, 13, 14, 1987; Ord. 86-128U § 1, 1986; Ord. 86-124U § 1, 1986; Ord. 86-107 § 1, 1986; Ord. 86-107U § 1, 1986; Ord. 85-84U § 4, 1985; Ord. 85-79 §§ 1, 13, 14, 1985; Ord. 85-79U §§ 1, 13, 14, 1985; Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; prior code § 6413(i))