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Home My WebLink AboutCM Source of Income OrdinanceORDINANCE NO. 1966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE BY ADDING NEW CHAPTER 10.98 CONCERNING "SOURCE OF INCOME" DISCRIMINATION IN RENTAL HOUSING THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS DIVISION 1. FINDINGS. WHEREAS, it is unlawful under federal and state statutes to restrict housing choice on the basis of race, color, disability, religion, sex, familial status, national origin, sexual orientation, marital status, ancestry, age, and source of income; and WHEREAS, the City of San Rafael is committed to providing and preserving fair and affordable housing for all income levels; and WHEREAS, the City of San Rafael wants to increase the availability of housing to all income levels and eliminate any limitations in the provision of housing, including discrimination based on a person's source of income; and WHEREAS, the Marin Housing Authority, which administers the Housing Voucher Programs, including the Housing Choice Voucher Program, also known as "Section 8," and the Veterans Affairs Supportive Housing Voucher Program, reports a shortage of landlords participating in the program; and WHEREAS, this shortage may reflect discrimination against tenants with housing vouchers; and WHEREAS, discrimination against housing voucher holders significantly reduces the stock of rental housing that is available to them; and WHEREAS, California Government Code §12921 prohibits housing discrimination based on source of income as defined by §12955(p}(1), which does not protect Housing Choice voucher holders as established by case law (SABI v. Sterling, 183 Cal.App.4th 916 (201 O)); and WHEREAS, California and federal law further requires the County of Marin to identify impediments to providing affordable housing and to develop strategies for removing those impediments; and WHEREAS, the City of San Rafael from time to time receives funding from the County of Marin to support its affordable housing initiatives; and WHEREAS, in order to fulfill the City's commitment to fair housing, to increase affordable housing opportunities, and to fulfill its legal obligations it is necessary to prohibit housing discrimination based on source of income. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: 1 DIVISION 2. MUNICIPAL CODE AMENDMENT New Chapter 10.98, entitled "Rental Housing Source of Income Discrimination," is hereby added to the San Rafael Municipal Code, to read as follows: Chapter 10.98 -RENTAL HOUSING SOURCE OF INCOME DISCRIMINATION 10.98.010 -Purpose. It is the purpose and intent of the City of San Rafael in enacting this chapter that source of income- based discrimination does not occur in rental housing. This chapter does not intend to restrict or limit operational aspects of rental housing management, such as establishment of tenant rules, security requirements or other landlord/tenant conditions not related to sources of income or financial discrimination . 10.98.020 -Definitions. For purposes of this chapter, the following definitions shall apply: A. "Source of income" as used in this chapter means all lawful sources of income and/or all payments from a rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program, provided such funds are not paid directly to the tenant. B. "Person" means any individual, firm, corporation, or other organization or group of persons, however organized. 10.98.030 -Prohibited Activity. It is unlawful for any person to do any of the following related to the rental of real property for residential use when wholly or partially based on source of income, as defined herein: A. To interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property, including, but not limited to, the rental thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction; B. To include in the terms or conditions of a transaction in real property any discriminating clause, condition or restriction due to source of income; C. To refuse or restrict facilities, services, repairs or improvements for any tenant or lessee; D. To make, print, publish, advertise, or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination based on source of income. 2 E. It is unlawful for any person to use a financial or income standard for the rental of housing that does either of the following: 1. Fails to account for any rental payments or portions of rental payments that will be made by other individuals or organizations, including by a rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program, on the same basis as rental payments to be made directly by the tenant or prospective tenant; 2. Fails to account for the aggregate income of persons residing together or proposing to reside together or an aggregate income of tenants or prospective tenants and their cosigners or proposed cosigners on the same basis as the aggregate income of married persons residing together or proposing to reside together, so long as legal occupancy limits are not exceeded. 10.98.040 -Exceptions. A. Nothing in this chapter shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law. B. Nothing in this chapter shall be construed to prohibit a requirement for a guarantor or cosigner based on amount of income or credit worthiness. 10.98.050 -Civil injunctive relief. Any aggrieved person may enforce the provisions of this chapter by means of a civil injunctive action. Any person who commits, or proposes to commit, an act in violation of this chapter may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, by county counsel, the district attorney, the City attorney, or by any person or entity which will fairly and adequately represent the interests of the protected class. 10.98.060 -Civil liability. Any person who violates any of the provisions of this chapter or who aids in the violation of any provisions of this chapter is liable for, and the court may award to the individual whose rights are violated, up to three times the amount of special and general damages, or, in the case of unlawful discrimination in the rental of a unit, three times the amount of one month's rent that the landlord charges for the unit in question. The court may award in addition thereto reasonable attorney's fees, costs of action, and punitive damages. Civil actions filed pursuant to this section must be filed within one year of the alleged discriminatory acts. 10.98.070 -Criminal penalty. Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for a period not exceeding six months, or both. 3 10.98.080-Severability. If any provision of this chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provisions of this chapter or the application of this chapter to any other person or circumstance and, to that end, the provisions hereof are severable. DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT. This Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to the State CEQA Guidelines, since it can be seen with certainty that there is no possibility that this Ordinance or its implementation would have a significant effect on the environment (14 Cal. Code Regs. Section 15061 (b)(3)). DIVISION 4. PUBLICATION; EFFECTIVE DATE This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of g~neral circulation published and circulated in the City of San Rafael, County of Marin, State of Cal ~ornia. ATTEST: '-tX.'tX-~ LINDSAY LARA, City Clerk The foregoing Ordinance No. 1966 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 3rd day of December 2018, and was ordered passed to print by the following vote, to wit: AYES: NOES: ABSENT: Councilmembers: Colin, Gamblin, McCullough & Mayor Phillips Councilmembers: None Councilmembers: Bushey and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the City Council to be held on the 17th day of December 2018. LINDSAY LARA, City Clerk 4